§2242. Sexual abuse

Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly-

(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or

(2) engages in a sexual act with another person if that other person is-

(A) incapable of appraising the nature of the conduct; or

(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act;

or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.

(Added Pub. L. 99–646, §87(b), Nov. 10, 1986, 100 Stat. 3621 , and Pub. L. 99–654, §2, Nov. 14, 1986, 100 Stat. 3661 ; amended Pub. L. 103–322, title XXXIII, §330021(1), Sept. 13, 1994, 108 Stat. 2150 .)

Codification

Pub. L. 99–646 and Pub. L. 99–654 added identical sections 2242.

Amendments

1994-Par. (1). Pub. L. 103–322 substituted "kidnapping" for "kidnaping".

Section Referred to in Other Sections

This section is referred to in sections 2119, 2244, 2255, 3486, 3559 of this title; title 42 section 14071.